(Re-)defining software defined networks under the European electronic communications code. Issue 40 (April 2021) - Gijrath, Serge J.H.
Abstract: This article assesses some aspects of innovative developments in the deployment of electronic communications networks in the European Union: software defined networks (SDN) and network functional virtualization (NFV). The overall research for this article focuses on the re-regulation of the 2018 European Electronic Communications Code (EECC), and the 2018 Body of European Regulators for Electronic Communications (BEREC) Regulation. It addresses the Commission's desire to promote innovation to compete better on the global communications and technology markets, whilst also mitigating network security risks. After an introduction of the technological aspects, this Article discusses: (i) the innovation that the deployment of SDN and NFV by software suppliers or service providers may bring to, predominantly, mobile electronic communications networks; (ii) the legal status of SDN and NFV, and, possible rights and obligations for the suppliers; and (iii) the allocation of the responsibility and liability for and costs of network and information security where SDN and NFV are deployed in electronic communications networks. The context is the network deployment of 5G frequencies in the period 2020–2022.